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(영문) 서울중앙지방법원 2013.04.02 2013고단849
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 5, 2011, the Defendant is a person who engages in credit business with the trade name “E (F)” in Seoul Special Metropolitan City, Gwanak-gu D 101, a single person “G” is an employee of the said E, and a single person “H” is a person whose occupation is unknown.

1. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

A. On July 2012, the Defendant, at the end of Seoul Special Metropolitan City, issued to J 1,00,000 won, which was the amount obtained by deducting KRW 100,000,000 from the amount requested for a loan, from the amount of KRW 1,00,000, from the amount requested for a loan at the residence of J located in Seoul Special Metropolitan City, Seoul Special Metropolitan City I building B01, and paid to J 33 days in cash, thereby making it possible to receive interest exceeding 39% per annum at the time of a loan. However, the Defendant violated the restriction on interest rate by receiving interest rate of 889% per

B. On August 3, 2012, the Defendant: (a) granted K the amount of KRW 1,80,000,000, which is the amount obtained by deducting KRW 200,000,000 from the amount requested for a loan from the value of KRW 2,00,000 in the street near the new forest railroad station located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, to K in cash; and (b) granted K in the form of 48-day 50,000, the Defendant could not receive interest exceeding 39% per annum at the time of the loan; (c) notwithstanding the fact that the Defendant violated the restriction on interest rate by receiving interest rate

C. On August 4, 2012, the Defendant: (a) delivered L in cash the amount of KRW 2,700,000, which is the amount obtained by deducting KRW 300,000,000 from the amount of loan requested to L in the street near the new forest railway station located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, to L; and (b) paid KRW 50,000,000 in 72 days each by the number of days; and (c) did not receive interest exceeding 39% per annum at the time of the loan; (d) notwithstanding that the Defendant did not have any interest that exceeds 39% per annum, the Defendant violated the restriction on the

On September 10, 2012, the Defendant paid 1,250,000 won, which is the amount obtained by deducting 250,000 won from 1,50,000 won of the loan requested within the “O Health Institute” operated by N of the Gwanak-gu Seoul Special Metropolitan City M&M building around September 10, 201, to N in cash and paid 50,000 won per 39% per annum for 39 days.

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